KRISHAN DEVI Vs. GIAN KAUR

JUDGEMENT

(1.) This revision petition has been filed by the plaintiffs against the order of the Subordinate Judge 1st Class, Anandpur Sahib dated 9th May, 1980, dismissing their application to lead secondary evidence of the sale deed executed by Telu alias Chanan Singh in favour of the plaintiffs.

(2.) Briefly, the case of the plaintiffs is that Telu alias Chanan Singh executed a sale deed in respect of land measuring 34 Kanals 9 Marlas in favour of the plaintiffs for a consideration of Rs. 14,000 on 21st December, 1971, and got the same registered on 27th December, 1971. Telu alias Chanan Singh died in 1974. The plaintiffs after his death filed a suit for declaration that they were the owners and in possession of the suit property The suit was contested by the defendants. At the time of leading evidence the plaintiffs filed an application that the original sale deed had been lost and that they should be allowed to produce the secondary evidence. The application was disorder. They have come up in revision against the order to this court.

(3.) It is contended by the learned counsel for the petitioner that the sale deed was executed by Telu alias Chanan Singh in favour of the plaintiffs on 21st December 1971 and he got it registered before the sub-Registrar, Anandpur Sahib on 27th December, 1971. A copy of the original sale deed was given by the executor of the document which was pasted in the register of the sub- Registrar. He further argues that it is evident from the Statement of Kishori Lal husband of Krishna Devi plaintiff and general attorney of the plaintiffs, that the original sale deed had been lost. According to him in the aforesaid situation the plaintiff should not have been debarred from producing secondary evidence of the document.